Orin F. Farnsworth and Mary L. Farnsworth - Page 27




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          the Agent had stayed with the insurance company”.  The                      
          termination payments in Schelble were based on a percentage of              
          the renewal commissions paid during the final months of the                 
          contract.  One of Schelble’s companies paid between 50 percent              
          and 150 percent of the commissions for the final 12 months of               
          service, while the other company paid between 50 percent and 100            
          percent of the commissions for the final 6 months of service.  In           
          both cases, the percentage depended on the length of the agent’s            
          term of service.  Petitioners argue that the holding in Schelble            
          should not apply to the case at hand, where the termination                 
          payments are based on prior earnings rather than future                     
          commissions.  Again, we reject petitioners’ argument.  In                   
          Newberry v. Commissioner, 76 T.C. 441, 444 (1981), we held that             
          it does not matter whether the income arises from a “past,                  
          present, or future income-producing activity”.  See also                    
          Schumaker v. Commissioner, 648 F.2d 1198, 1200 (9th Cir. 1981)              
          (self-employment income determined from source of income, not               
          taxpayer’s status when income realized); sec. 1.1402(a)-1(c),               
          Income Tax Regs. (self-employment income may include payments               
          received from services provided in a prior taxable year).                   
               Finally, petitioners argue that the termination payments               
          should be treated as gain or loss from the sale of property under           
          section 1402(a)(3)(C), rather than as ordinary self-employment              
          income.  Following a long line of authority, we held in Clark v.            






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